Overview Description

The criminal history record relating to charges not filed because the person acted in lawful self-defense can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0585(5).

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

 

Before petitioning the court to expunge a criminal history record, the person must obtain a certificate of eligibility from the Florida Department of Law Enforcement. Fla. Stat. § 943.0585(5)(b)(1).

The certificate of eligibility will be granted to a person who has submitted the proper written, certified statement from the appropriate state attorney or statewide prosecutor which states whether an information, indictment, or other charging document was not filed or was dismissed by the state attorney, or dismissed by the court, because it was found that the person acted in lawful self-defense pursuant to the provisions related to justifiable use of force in Chapter 776. Fla. Stat. § 943.0585(5)(a).

For further information on the procedure, see Fla. Stat. § 943.0585, 11C-7.006, F.A.C.

Fees

A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(b).

Effect

Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(4).

 

A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. The subject person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(4)(a). For further information about the effect of expungement, see Fla. Stat. § 943.0585(4).

Waiting Periods

A petition may be filed at any time.

(non-prod server)